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1The creditor believes that you will owe the debtor for earnings within the next
213 weeks
, or if the debtor is an unemancipated minor, within any time. If the $15
3fee is tendered with these papers, you are directed by the court to do the following:
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DETERMINE WHETHER YOU WILL
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OWE THE DEBTOR EARNINGS
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1. Determine if you are likely to owe the debtor for earnings in pay periods
7beginning within the next 13 weeks
, or if the debtor is an unemancipated minor,
8within any time.
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2. If you are not likely to owe the debtor for earnings in pay periods beginning
10within the next 13 weeks
, or if the debtor is an unemancipated minor, within any
11time, send a statement stating that fact to the creditor by the end of the 7th business
12day after receiving the earnings garnishment forms.
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IF THE DEBTOR SENDS YOU AN ANSWER
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3. Whenever you receive a debtor's answer form from the debtor, mail a copy
15of the answer form to the creditor by the end of the 3rd business day after receipt of
16that form. Include the date you received the answer form on the copy sent to the
17creditor.
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4. If the debtor's answer form claims a complete exemption or defense, do not
19withhold or pay to the creditor any part of the debtor's earnings under this
20garnishment unless you receive an order of the court directing you to do so.
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MULTIPLE EARNINGS GARNISHMENTS
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5. If the debtor's earnings are already being garnisheed when you receive this
23earnings garnishment, place this earnings garnishment into effect the pay period
24after the last of any prior earnings garnishments terminates. Notify the debtor of
25the amount of the garnishment and notify the creditor of the amount owed on the
1pending garnishments by the end of the 7th business day after you receive these
2forms. If there are no prior pending earnings garnishments against the debtor's
3earnings, place this earnings garnishment into effect the pay period after you receive
4it.
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EARNINGS GARNISHMENTS LAST 13 WEEKS,
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EXCEPT FOR PUBLIC EMPLOYEES
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6. The garnishment of the earnings of employees of the state of Wisconsin and
8its political subdivisions
and of unemancipated minors remain in effect until the
9judgment is satisfied. The garnishment of earnings of other employees will affect the
10debtor's earnings for all pay periods beginning within 13 weeks after you receive it,
11unless the debtor's earnings are already being garnisheed. If this earnings
12garnishment is delayed under paragraph 5, above, it will affect the debtor's earnings
13for all pay periods beginning within 13 weeks after the first day of the pay period that
14you put this earnings garnishment into effect. If the amount claimed by the creditor
15is fully paid before the end of the 13 weeks, this earnings garnishment will terminate
16at that point.
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PAYING THE CREDITOR
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7. Between 5 and 10 business days after each payday of a pay period affected
19by this earnings garnishment, pay the creditor 20% of the debtor's disposable
20earnings for that pay period. Payment is complete upon mailing.
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EFFECT OF COURT-ORDERED
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ASSIGNMENTS FOR SUPPORT
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8. If the debtor has assigned his or her earnings for support by court order, those
24support payments take priority over this earnings garnishment. If 25% or more of
25the debtor's disposable earnings is assigned for support by court order, do not pay any
1part of the debtor's earnings to the creditor. Instead, send the creditor a statement
2of that fact by the end of the 7th business day after you receive these forms. If less
3than 25% of the debtor's earnings is assigned for support by court order, the amount
4the creditor must be paid is reduced so that the total of earnings assigned and
5garnisheed does not exceed 25% of the debtor's disposable earnings.
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9. The debtor and creditor may agree in writing to extend this earnings
8garnishment for additional pay periods beginning within 13 weeks after this
9earnings garnishment would otherwise terminate
if the debtor is an adult or an
10emancipated minor. If you receive a written extension stipulation, and an additional
11garnishee fee for each extension, you must honor it unless a different garnishment
12against this debtor's earnings is served upon you before the extension takes effect.
13In that case, the extension is void and you must return the extension fee to the party
14who paid it to you.
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812.44
(4) (form)
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STATE OF WISCONSIN
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CIRCUIT COURT:.... County
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vs. File or Reference Number....
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C.D., Debtor EXEMPTION NOTICE
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and EARNINGS GARNISHMENT
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The creditor was awarded a judgment against you or your spouse by.... (County
3Circuit or Federal District) Court on the.... day of...., .... (year) That judgment not
4having been fully paid, the creditor has now filed a garnishment proceeding against
5your earnings from the garnishee. This means that the creditor is seeking to take
6some of your earnings to satisfy part or all of the judgment against you or your
7spouse.
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The total amount of the creditor's claim is as follows:
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Unpaid balance on judgment $....
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Unpaid postjudgment interest $....
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a. Garnishment filing fee $....
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b. Garnishee fee $....
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c. Service of process (estimate) $....
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By law, you are entitled to an exemption of not less than 80% of your disposable
17earnings. Your "disposable earnings" are those remaining after social security and
18federal and state income taxes are withheld.
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Your earnings are completely exempt from garnishment if:
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1. Your household income is below the federal poverty level. See the enclosed
21schedules and worksheet to determine if you qualify for this exemption.
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2. You receive aid to families with dependent children, relief funded by a relief
23block grant under ch. 49, relief provided by counties under section s. 59.53 (21) of the
24Wisconsin Statutes, medical assistance, supplemental security income, food stamps,
1or veterans benefits based on need under
38 USC 501 to
562 or section
45.
351 (1) of
2the Wisconsin Statutes, or have received these benefits within the past 6 months.
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3. At least 25% of your disposable earnings are assigned by court order for
4support.
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54. You are a minor, other than an emancipated minor, and the judgment that
6the creditor is seeking to satisfy is not a judgment for unpaid restitution, costs, a
7forfeiture, or a surcharge entered under section 895.035 (2m) (a) or (b) of the
8Wisconsin Statutes by the court assigned to exercise jurisdiction under chapters 48
9and 938 of the Wisconsin Statutes.
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If the garnishment of 20% of your disposable income would result in the income
11of your household being below the poverty line, the garnishment is limited to the
12amount of your household's income in excess of the poverty line.
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If you qualify for a complete exemption or for a limit on the amount of the
14garnishment to the amount that your household's income exceeds the poverty line,
15you must give or mail a copy of the enclosed debtor's answer form to the garnishee
16in order to receive that increased exemption.
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If your circumstances change while the garnishment is in effect, you may file
18a new answer at any time.
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If you do not qualify for a complete exemption, but you will not be able to acquire
20the necessities of life for yourself and your dependents if your earnings are reduced
21by this earnings garnishment, you may ask the court in which this earnings
22garnishment was filed to increase your exemption or grant you other relief.
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IF YOU NEED ASSISTANCE
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CONSULT AN ATTORNEY
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1If you have earnings that are being garnisheed that are exempt or subject to a
2defense, the sooner you file your answer or seek relief from the court, the sooner such
3relief can be provided.
This If you are an adult or an emancipated minor, this 4earnings garnishment affects your earnings in pay periods beginning within 13
5weeks after it was served on the garnishee. You may agree in writing with the
6creditor to extend it for additional 13-week periods until the debt is paid.
If you are
7an unemancipated minor, this earnings garnishment affects your earnings after it
8was served on the garnishee and until the amount that the creditor is seeking in the
9garnishment is paid in full.
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If you wrongly claim an exemption or defense in bad faith, or if the creditor
12wrongly objects to your claim in bad faith, the court may order the person who acted
13in bad faith to pay court costs, actual damages and reasonable attorney fees.
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812.44
(5) (form)
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STATE OF WISCONSIN
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CIRCUIT COURT:.... County
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vs. File or Reference Number....
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C.D., Debtor EARNINGS GARNISHMENT
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and DEBTOR'S ANSWER
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To the garnishee:
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1My earnings are COMPLETELY EXEMPT from earnings garnishment because:
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... 1. The judgment has been paid or is void.
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... 2.
(5) (form) paragraph 2. I receive, am eligible for, or have within 6 months
4received, aid to families with dependent children, relief funded by a relief block grant
5under ch. 49, relief provided by counties under section 59.53 (21) of the Wisconsin
6Statutes, medical assistance, supplemental security income, food stamps, or
7veterans benefits based on need under
38 USC 501 to
562 or section
45.
351 (1) of the
8Wisconsin Statutes.
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... 3. At least 25% of my disposable earnings are assigned for support by court order.
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... 4. My household income is less than the poverty line, or this garnishment would
11cause that to happen.
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12... 4m. I am not an emancipated minor and the judgment that the creditor is seeking
13to satisfy is not a judgment for unpaid restitution, costs, a forfeiture, or a surcharge
14entered under section 895.035 (2m) (a) or (b) of the Wisconsin Statutes by the court
15assigned to exercise jurisdiction under chapters 48 and 938 of the Wisconsin
16Statutes.
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... 5. I have another defense to this earnings garnishment (explain briefly).
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I understand that if I claim a complete exemption or defense in bad faith, I may
21be held liable to the creditor for actual damages, costs and reasonable attorney fees.
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DATE .... Signature of Debtor ....
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Telephone Number ....
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Date Received by Garnishee ....".
